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Where to apply for a patent?

Where to apply for a patent?

Where to apply for a patent? Many individuals and organizations want to apply for patents for their own works or trademarks, but they don’t know where to apply or what the application process is. Let’s share with you where to apply for a patent. Where to apply for a patent? 1

Patent applications are generally filed with the patent management department of the provincial government. Relevant laws stipulate that the patent administration department of the State Council is responsible for managing patent work nationwide, while the patent management departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for patent management work within their own administrative regions.

Legal basis:

Article 3 of the Patent Law of the People's Republic of China

The Patent Administration Department of the State Council is responsible for the management of patent work nationwide; unify Accept and review patent applications and grant patent rights in accordance with the law.

The patent management departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for patent management within their respective administrative regions.

Article 4

If the invention or creation for which a patent is applied for involves national security or major interests and needs to be kept confidential, it shall be handled in accordance with relevant national regulations.

Article 5

Patent rights will not be granted for inventions and creations that violate the law, social ethics or harm the interests of the public.

Patent rights will not be granted for inventions and creations that are obtained or utilized in violation of laws and administrative regulations and relied on such genetic resources.

1. Where to apply for a patent

To apply for a patent, you must apply at the Intellectual Property Office. The cost of patent application is related to the type of patent applied for. Fees vary for each category.

Prepare application documents, including request, description, claims, description, drawings, and description. Design patents must include a request, pictures or photos, and a brief description. You can go to the National Patent Office service point to obtain the corresponding form.

A patent is generally a document issued upon application by a government agency or a regional organization representing several countries. This document records the content of the invention and creates such a document within a certain period of time. Legal status, that is, a patented invention can generally be implemented by others only with the permission of the patentee.

In my country, patents are divided into three types: invention, utility model and design.

Individuals applying for patents must submit application materials to the Patent Office, pay fees, and pass review before they can receive a patent certificate.

2. Individual patent application process

1. First of all, you should clarify whether the invention you hold is a service invention or a non-service invention: a service invention refers to the inventor or designer. Inventive results that are obtained by completing tasks assigned by the unit where the unit is located, or mainly by utilizing the material conditions of the unit where the unit is located. Service inventions must be patented by the unit, and individuals do not have the right to apply.

Non-service inventions refer to inventions made entirely by employees using their personal abilities after completing work assigned by the unit where they work. Non-service inventions can be patented by individuals.

2. Application document requirements: When applying for a patent, you should submit a request, description, abstract, claims and other documents.

The request shall state the name of the invention, the name of the inventor or designer, the name of the applicant, address and other matters. The description should provide a clear and complete description of the invention, and the claims should describe the scope of patent protection required.

3. First-to-file principle: The granting of patent rights in my country follows the first-to-file principle, that is, when two or more applicants apply for patents for the same invention, the patent right is awarded to the person who applies first.

4. Review and approval of patent applications: After the Patent Office receives an invention patent application and determines that it meets the requirements of the patent law after preliminary examination, it will be announced immediately after eighteen months from the application date.

Where to apply for a patent 2

If you need to apply for a patent, you need to go to the local Intellectual Property Protection Office to apply. If you are not free, you can apply through an agency, but it will cost more ,

There are two ways to apply for a patent. You can choose independently: one is to apply directly by yourself and prepare the materials yourself and submit them to the Patent Office for relevant review; the other is to entrust an agency to help you apply.

Agency cooperation process:

1. Both parties sign a patent agency agreement;

2. The applicant submits relevant patent technical documents to the agency;

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3. The patent agent writes standardized patent application documents based on the aforementioned technical documents;

4. After the application documents are completed, they are confirmed by the applicant;

5. Once both parties confirm that everything is correct, apply for a patent;

The above content is the relevant answer. Patent applications are all handled at the local copyright protection center. The application methods are mainly divided into There are two types, one is to apply directly by oneself, and the other is to entrust an agency to help apply, but the fee required during the assisted application process is basically twice as high. Where to apply for a patent 3

1. Where to apply for a personal patent

Path 1: The applicant applies by himself (submit the application documents to the Patent Office or local agency, and pay the relevant fee);

Path 2: Entrust a patent agency to apply.

Generally, you should entrust a professional agency to avoid a reduction in authorization rate or improper scope of protection due to your own insufficient understanding of relevant legal knowledge or related procedures.

The State Intellectual Property Office is the only authority in my country that has the authority to accept patent applications. The State Intellectual Property Office has agencies in 28 cities across the country to accept patent application documents and collect various patent fees.

2. Application documents

The legal documents submitted when applying for a patent must be in written form and filled out in the prescribed unified format. Applying for different types of patents requires preparing different documents.

(1) When applying for an invention patent, the application documents shall include: invention patent request, description (with description and drawings if necessary), claims, abstract and drawings (with description and drawings) (must be provided) in one copy each.

(2) When applying for a utility model patent, the application documents shall include: utility model patent request, description, description drawings, claims, abstract and drawings. One copy.

(3) When applying for a design, the application documents shall include: design patent application form, pictures or photos, each in duplicate. If you require color protection, you should also submit one color and one black and white picture or photo. If a description is needed for pictures or photos, a brief description of the design should be submitted in duplicate.

(4) If a company applies for a patent, the application documents should include: a copy of the corporate business license and organization code certificate (with official seal), each in duplicate, and the inventor's ID number should also be submitted. , in duplicate. Application address, postal code, telephone number and other communication methods.

(5) If an individual applies for a patent, the application documents should include: a copy of the identity card of the applicant and the inventor, each in duplicate, and the application address, postal code, telephone number and other communication methods should also be submitted.

Personal patent applications need to go to special places. What should be done when applying for a patent, what are the specific requirements, etc., can be handled in accordance with legal regulations.